What Is Sovereign Immunity?
Sovereign immunity is a legal principle that protects government entities from being sued without their consent. Historically, this rule meant that citizens could not sue the crown, and by extension, the government. Today, it means that a government cannot be held liable in court unless it has explicitly waived its immunity. This protection exists to prevent unnecessary litigation that could drain public resources and interfere with government operations.
Why Sovereign Immunity Exists
The purpose of sovereign immunity is straightforward: governments must be able to function efficiently. Without these protections, public funds could be spent on litigation instead of providing essential services, such as maintaining roads, operating schools, or running hospitals. Sovereign immunity balances the government’s need to operate effectively with the public’s ability to hold it accountable in certain situations.
Exceptions: When You Can Sue the Government
Although sovereign immunity generally shields government entities from lawsuits, both the federal government and states like Texas have created exceptions that allow individuals to sue under specific circumstances. These exceptions are usually subject to strict rules, notice requirements, and limits on damages.
Federal Cases: The Federal Tort Claims Act (FTCA) allows individuals to sue the United States government for certain actions, such as car accidents caused by federal employees. Claims under the FTCA are subject to strict deadlines, notice requirements, and caps on damages, meaning procedural compliance is critical.
Texas Cases: The Texas Tort Claims Act (TTCA) allows individuals to sue the state of Texas or its political subdivisions for certain acts, such as personal injury or property damage caused by government employees acting within the scope of their duties. Like the FTCA, the TTCA imposes deadlines, notice requirements, and limits on recoverable damages.
Why It Matters
Sovereign immunity does not prevent you from pursuing a valid claim, but it does mean that there is a specialized legal process for suing government entities. Missing procedural deadlines or failing to follow required notice rules can prevent a claim from moving forward. For example, if a Texas Department of Transportation employee causes a car accident, the TTCA may allow you to seek compensation. Similarly, if a federal employee causes an accident, the FTCA may provide the legal pathway—but only if all technical requirements are met.
While sovereign immunity can seem like a barrier, with the right legal guidance, injured parties can hold government entities accountable for negligence or injury. If you believe you have a claim against a federal or state government, contact The Kaufman Law Firm today for a free consultation to understand your options and take timely action.
